Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Jogani and Dialani Land Developers and Builders (2020) 117 taxmannn.com 139 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Jogani and Dialani Land Developers and Builders (2020) 272 Taxman 111 (SC)

S. 45 : Capital gains-Builder-Sale of land kept as investment-Assessable as capital gain and not as business income. [S. 28(i)]

PCIT v. Noida Software Technology Park Ltd. (2020) 113 taxmann.com 144 (Delhi)(HC) Editorial : SLP is granted to the revenue PCIT v. Noida Software Technology Park Ltd (2020) 269 Taxman 10 (SC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Interest paid without deduction of tax at source –Second proviso is held to be applicable.

PCIT v. Shivaai Industries (P.) Ltd. (2019) 112 taxmann.com 404 (Delhi)(HC) Editorial : SLP is granted to the revenue, PCIT v. Shivaai Industries (P.) Ltd. (2020) 269 Taxman 53 (SC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payee has shown the income in their return of income-No disallowance can be made.

PCIT v. DLF Home Development Ltd. (2020) 114 taxmann.com 97 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. DLF Home Development Ltd. (2020) 270 Taxman 97 (SC)

S. 37(1) : Business expenditure-Capital or revenue-Builder-Brokerage and commission-Held to be allowable as revenue expenditure.

CIT v. Hongkong and Shanghai Banking Corporation Ltd. (2020) 114 taxmann.com 275 (Bom.) (HC) Editorial : SLP of revenue is dismissed, CIT v. Hongkong and Shanghai Banking Corporation Ltd (2020) 270 Taxman 99 (SC)

S. 37(1) : Business expenditure-Capital or revenue-Compensation paid towards vacating the premises treating it as revenue expenditure-Question of law admitted. [S.260A].

PCIT v. Gujarat Co. Op. Milk Marketing Federation Ltd (2020) 113 taxmann.com 84 (Guj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Gujarat Co. Op. Milk Marketing Federation Ltd. (2020) 269 Taxman 41 (SC)

S. 37(1) : Business expenditure-Aimed at improving practices for better fertility amongst milk animal-Allowable as business expenditure.

PCIT v. Albasta Wholesale Services Ltd. (2020) 117 taxmann.com 165 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Albasta Wholesale Services Ltd. (2020) 272 Taxman 105 (SC)

S. 37(1) : Business expenditure-Foreign exchange fluctuation loss-Loan to subsidiary-Allowable as business expenditure. [S. 28(i)]

CIT v. New Kenilworth Hotel (P.) Ltd (2020) 117 taxmann.com 109 (Cal.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, CIT v. New Kenilworth Hotel (P.) Ltd (2020) 272 Taxman 108 (SC)

S. 37(1) : Business expenditure-Capital or revenue-Hotel business-Lessee-Renovation expenses-Held to be revenue expenditure.

CIT v. New India Co. Op. Bank Ltd. (2020) 117 taxmann.com 127 (Bom.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, CIT v. New India Co. Op. Bank Ltd. (2020) 272 Taxman 435 (SC)

S. 37(1) : Business expenditure-Ex gratia payment to employees is held to be allowable as deduction on account of commercial expediency.

CIT v. Genus Overseas Electronics (2020) 117 taxmann.com 103 (Raj.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect,, CIT v.. Genus Overseas Electronics (2020) 272 Taxman 22 (SC)

S. 37(1) : Business expenditure-Paid by account payee cheque-Held to be allowable though the purchaser has informed that no agent was involved in the contract.